Form

Question 1

Contracts

Answer 1

• Can be oral
• Requires consideration
• Don’t need a witness, only vendor and seller signature.
• Formed through bargaining and mutual agreement.

Question 2

Deeds under seal

Answer 2

• Have to be in writing.
• Doesn’t require consideration.
• Must have a witness present and watching signatures being placed.
• Made through mutual obligation.

Question 3

Form general rule

Answer 3

Contracts do not have to be in writing to be valid.
An oral contract is just as enforceable as written one.

Question 4

Form statutory exceptions

Answer 4

• Real estates agents commission
• Employment contracts
• Relationship property agreements
• Property law act 2007

Question 5

Property Law Act 2007

Answer 5

• Contracts for the disposition of land (s24)
• Dispositions of certain interests in Land (s250)
• Guarantees (s27)

Question 6

Section 24

Answer 6

A contract for the disposition of land is not enforceable by action unless:
- The contract is in writing or its terms are recorded in writing; AND
- The contract or written record is signed by the party against whom the contract is sought to be enforced.

Question 7

Doctrine of Part Performance 1

Answer 7

Is there an enforceable agreement but for s24 of the Property Law Act 2007?

Question 8

Doctrine of Part Performance 2

Answer 8

Has there been part performance of the oral agreement to do something which is:
a. clearly a step in the performance of a contractual obligation or right under that agreement; AND
b. was on the balance of probabilities done on the basis that a contract for the sale of land as alleged was in existence?

Question 9

Doctrine of Part Performance 3

Answer 9

Do the circumstances in which the part performance took place make it unconscionable for the defendant to take advantage of s24 of the Property Law Act 2007?